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2022 Supreme(SC) 962

INDIRA BANERJEE, J. K. MAHESHWARI
Chandrabhan (Deceased) Through Lrs. – Appellant
Versus
Saraswati – Respondent


Advocates appeared:
For the Appellant : Mr. Sandeep Sudhakar Deshmukh, AOR Mr. Nar Hari Singh, AOR
For the Respondent: Mr. Uday B. Dube, AOR

JUDGMENT

Indira Banerjee, J.

Leave granted.

2. This appeal filed by the Original Plaintiff, Chandrabhan, (since deceased, represented by his legal representatives), is against a final judgment and order dated 11th January 2016 passed by the Aurangabad Bench of the High Court of Judicature at Bombay, allowing Second Appeal No. 45 of 1995 filed by the Respondents, reversing the judgment and order dated 10th November 1994 passed by the Additional District Judge, Beed, in Regular Civil Appeal No.361 of 1984 and dismissing Regular Civil Suit No. 198 of 1979 filed by the Original Plaintiff praying for the relief of declaration of ownership and perpetual injunction in respect of the suit property.

3. Sambhaji, grandfather of the Original Plaintiff, Chandrabhan had two sons, Baliram and Rambhau. Baliram was the elder of the two sons of Sambhaji. The Original Defendant No.1 Yamunabai, was the wife of Baliram.

4. Baliram and Yamunabai (Original Defendant No.1) were childless, Rambhau, younger brother of Baliram however had two sons, Digamber and Chandrabhan (Original Plaintiff).

5. Since Baliram and Yamunabai were childless, Baliram decided to adopt his nephew, Chandrabhan (Original Plaintiff). Ch


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